On today's episode of AD Nauseam, the discussion focuses on third-party liability, particularly ad agency liability. Amy and Daniel are joined by Sarah La Voi, and explain that ad agencies can be held liable for deceptive ads if they actively participate in creating the ad and should have known it was deceptive. They reference the FTC's Standard Oil case and other historical cases to illustrate how ad agencies have been held accountable. The conversation also touches on affiliate marketing, emphasizing the importance of monitoring and ensuring compliance among affiliates to avoid liability. Key takeaways include understanding the legal standards, asking the right questions, and maintaining thorough documentation.

Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com and slavoi@bakerlaw.com